Decision No. 24 on land division in Ba Ria-Vung Tau province came into effect on September 16, 2024, replacing Decision No. 44/2023.
The general principles for land division and consolidation under Decision No. 24 adhere to the provisions outlined in Article 220, paragraphs 1, 2, and 3 of the 2024 Land Law.
While Decision No. 24 introduces stricter regulations, it also offers some relaxation compared to Decision No. 44, primarily focusing on Article 3 (conditions for land division and consolidation for households and individuals) and Article 4 (minimum area after land division).
Specifically, Article 3 of Decision No. 44 stipulates that in the absence of detailed construction planning at a scale of 1/500, the division of land plots shall adhere to the approved construction planning at a scale of 1/2,000. If such planning is unavailable, a scale of 1/5,000 shall be applied. In the absence of construction planning at a scale of 1/5,000, the overall construction planning at a scale of 1/10,000 will be utilized…
Decision No. 24 provides a more concise guideline: “Land division shall comply with the land use planning stipulated in Article 66 of the 2024 Land Law and the detailed construction planning at a scale of 1/500 approved by the competent authority. If detailed construction planning at a scale of 1/500 is unavailable, the approved construction planning at a scale of 1/2,000 shall be applied. In the absence of construction planning at a scale of 1/2,000, the existing approved construction planning shall be utilized…”
Additional conditions have been introduced for organizations implementing land division in investment projects. Besides “conforming to the approved detailed construction planning,” they must also “meet the conditions for business operations as stipulated by the law on real estate business.”
The minimum area after land division for residential land in wards, towns, and Con Dao district is set at 60 square meters or more, while in other communes, the area and plot size should be 80 square meters or more.
According to Decision 24, besides the condition that one side of the land plot must border a state-managed road with a width of no less than 5 meters, and the plot depth must not be less than 5 meters, there is an additional condition: “or have access to a state-managed road with a width of no less than 5 meters, and the plot depth must not be less than 5 meters.” This was not specified in Decision No. 44.
The condition regarding the border with a state-managed road also applies to commercial and service land and land for non-agricultural production facilities. For agricultural land designated for residential, commercial, or production purposes, “at least one side must border a state-managed road or have access to a state-managed road, with the border width being no less than 5 meters.”
Decision No. 24 also includes an additional specific case for land division. It states that for land plots in areas with multiple land use types (including agricultural, residential, commercial, or production land), land division may be considered if the plot meets the conditions regarding size and minimum area corresponding to one type of land as per the approved planning.
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